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Trademark Registration Renewal Requirements

A trademark registration can be maintained indefinitely as long as the required renewal fees are paid, renewal forms are filed, and you continue to use the mark in commerce or have a period of excusable non-use.

First Renewal: Between the 5th and 6th Years
Between the 5th and 6th years after the date of registration, the trademark owner must file a declaration of use or excusable non-use under section 8 of the Lanham Act. A fee must also be paid with this declaration. If this section 8 declaration and fee are not paid, the USPTO will cancel your registration. The USPTO will not send you a reminder notice to pay this fee.

Between the 5th and 6th years after the date of registration the owner may also file a section 15 declaration of incontestability, if (1) the mark has been registered on the Primary Register, (2) the mark has been in continuous use in commerce for five years after the date of registration, and (3) there is not an adverse decision or pending proceedings involving rights in the mark. There is a fee that must be paid to file this section 15 declaration. The filing may also be made within a 6-month grace period after the expiration of the 6th year with the payment of an additional fee.

The section 8 and 15 declarations and associated fee can filed as a combined declaration and paid together.

Every 10 Years
Between the 9th and 10th year after registration and every 10 year thereafter, the registration owner must file a Combined Declaration of Use or Excusable Nonuse and Application for Renewal under Sections 8 and 9 of the Lanham Act. This declaration requires the payment of a fee. The filing may also be made within a 6-month grace period after the expiration of the 10th year with the payment of an additional fee. The USPTO will cancel the registration if this declaration is not filed. The USPTO will not send you a reminder notice to pay this fee.

Conclusion
A trademark owners rights tend to be strengthened by maintaining a trademark registration for a long period of time. Filing of the proper declarations and payment of the proper renewal fees will enable a trademark registration owner to maintain its trademark registration.

About Eric Waltmire

Eric Waltmire is a registered patent attorney at the Erickson Law Group, PC. He can be contacted at blog@waltmire.com.